Chapter 16.105
GENERAL PROVISIONS
Sections:
16.105.030 Authority and delegation.
16.105.060 Reference to state subdivision laws.
16.105.070 Violations, enforcement and penalties.
16.105.010 Purposes.
The purposes of this title are to regulate the dividing of land and to promote the public safety and general welfare in accordance with standards established by the state and city to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote the effective and efficient use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate the adequate provision for water, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and the comprehensive plan as adopted under the Growth Management Act; to adequately provide for the housing and commercial needs of the citizens of the city of Battle Ground; and to require uniform monumenting of land subdivisions and conveyances by accurate legal description. (Ord. 99-008 § 1(B) (part), 1999: Ord. 95-769 § 4 (part), 1995)
16.105.020 Applicability.
The provisions of this chapter shall apply to any division of land that results in a parcel having an area of five acres or less, unless specifically exempted by BGMC 16.105.050 or Chapter 58.17 RCW. It is unlawful for any individual, by deed, map or other instrument, to sell, transfer, agree or negotiate to sell or subdivide any land until a platting process is completed pursuant to the provisions of this title and Chapter 58.17 RCW, unless specifically exempted. (Ord. 04-023 § 2, 2004: Ord. 99-008 § 1(B) (part), 1999: Ord. 95-769 § 4 (part), 1995)
16.105.030 Authority and delegation.
A. Pursuant to the powers granted to municipalities by the state of Washington, the city of Battle Ground is authorized to adopt and enforce subdivision regulations.
B. Pursuant to powers delegated to the Battle Ground hearing examiner as specified in Chapter 2.10 BGMC and this section, the hearing examiner is authorized to review and approve, disapprove or take other appropriate action on preliminary plats for subdivision of land within the corporate limits of the city.
C. The city council delegates to the Battle Ground planning director the authority and power to: administratively review, approve and disapprove short plats as more specifically provided in this title; administratively review and provide recommendations regarding preliminary and final plats; and to administer and enforce the provisions of this title. The planning director may prepare and require the use of such forms as are essential to their administration. (Ord. 99-008 § 1(B) (part), 1999: Ord. 95-769 § 4 (part), 1995)
16.105.050 Exemptions.
The provisions of this title shall not apply to the following:
A. Cemeteries and other burial plots, while used for that purpose;
B. Divisions of land into lots or tracts, each of which is one one-sixty-fourth of a section of land or larger, or ten acres or larger if the land is not capable of description as a fraction of a section of land; provided, that such lots or tracts meet applicable zoning and land use regulations, the plat is recorded in the office of the county auditor, the plat does not involve land to be publicly dedicated, and the city is not obligated to issue building permits or other approvals should said lots or tracts fail to meet applicable city regulations;
C. Divisions made by testamentary provisions, or the laws of descent;
D. Divisions of land into lots or tracts classified for industrial, commercial or institutional use when the planning director has approved a binding site plan pursuant to BGMC 17.143.060 for commercial, industrial and institutional uses (e.g., shopping centers);
E. Divisions for the purpose of creating leaseholds for mobile homes, manufactured homes, and planned unit residential developments when a binding site plan has been approved pursuant to BGMC 17.143.060 for such developments;
F. Divisions for the purpose of creating residential condominiums, when a binding site plan has been approved for such use of the land as a condominium pursuant to BGMC 17.143.060;
G. Divisions made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which do not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet the city’s minimum requirements for width and area for a building site;
H. Assessor’s plats; provided, that they contain a survey of subdivision and contain permanent control monuments as required by Chapter 58.17 RCW and this title;
I. Division of land for sale or lease to an agency or division of government vested with the power of eminent domain. (Ord. 20-08 § 1, 2020: Ord. 13-07 § 9, 2013: Ord. 10-08 § 3, 2010: Ord. 04-023 § 3, 2004: Ord. 99-008 § 1(B) (part), 1999: Ord. 95-769 § 4 (part), 1995)
16.105.060 Reference to state subdivision laws.
The subdivision of land within the city of Battle Ground shall comply, as applicable, with Chapter 58.17 RCW. (Ord. 99-008 § 1(B) (part), 1999: Ord. 95-769 § 4 (part), 1995)
16.105.070 Violations, enforcement and penalties.
Enforcement of any section of this title shall be made pursuant to BGMC Title 20. (Ord. 99-008 § 1(B) (part), 1999: Ord. 95-769 § 4 (part), 1995)